Abdulla Mammu vs Office Of The Commissioner Of Customs on 14 November, 2017

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Karnataka High Court

Abdulla Mammu vs Office Of The Commissioner Of Customs on 14 November, 2017

Bench: Vineet Kothari

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   IN THE HIGH COURT OF KARNATAKA, BENGALURU

    DATED THIS THE 14th DAY OF NOVEMBER 2017

                           BEFORE

       THE HON'BLE Dr.JUSTICE VINEET KOTHARI

         WRIT PETITION No.27626/2017 (T-CUS)

BETWEEN:

Abdulla Mammu,
S/o Mammu Pokanki,
Age: 49 years
R/at Paivalike House,
Via Uppala, Kasargod,
Kerala State,
Represented by his GPA Holder
Ibrahim,
S/o Moiden Kunhi Haji,
Aged about 44 years,
No.3, Ground Floor,
Uppala Post, Uappala District
Kasargod, Kerala State.
                                                 ...PETITIONER

(By Sri. Vikas M. for Sri. Sachin B.S., Adv.)


AND:

Office of the Commissioner of Customs,
New Customs,
Represented by its
Joint Commissioner
Panambur, Mangalore - 575010.
                                                ...RESPONDENT
                              Date of Order 14-11-2017 in W.P.No.27626/2017
                                                        Abdulla Mammu Vs.
                                      Office of the Commissioner of Customs

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      This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India praying to quash the impugned
order dated 29.01.2015 in No. VIII/10/60/2014 Cus. Adjn.
and Sl. No. 05/2015 CJ passed by the respondent as per
Annx-A.

      This Writ Petition coming on for Preliminary Hearing
this day, the Court made the following:-



                            ORDER

Mr. Vikas M., Adv., for Mr. Sachin B.S., Adv. for Petitioner

1. The present Writ Petition is filed on 27.6.2017 with the following prayers:

(a) Issue a writ of certiorari or order or direction, quashing the impugned order dated 29.1.2015 in No.VIII/10/60/2014 Cus. Adjn and Sl.No.05/2015 CJ passed by respondent as per Annexure-A;

(b) Grant such other reliefs as this Hon'ble Court deems fit to grant on the facts and circumstances of the case in the interest of justice and equity.

2. Since the impugned order imposing duty and penalty under Section 114 of the Customs Act, 1962 at Date of Order 14-11-2017 in W.P.No.27626/2017 Abdulla Mammu Vs. Office of the Commissioner of Customs 3/3 Annexure -A dated 29.01.2015 passed by the Joint Commissioner of Customs is appealable under the provisions of Section 129A of the Customs Act, 1962, the present Writ Petition is not maintainable and is liable to be dismissed.

The Writ Petition is accordingly dismissed with liberty to the petitioner to file an appeal against the impugned order in accordance with law. No costs.

Copy of this order to be sent to the respondents forthwith.

Sd/-

JUDGE nv

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